It’s official: Any truck driver operating in Arkansas who cannot exhibit English proficiency will get hit with a fine of up to $1,000.
On Monday, April 14, Arkansas Gov. Sarah Huckabee Sanders signed HB1745 into law. Now officially Act 604, the law requires English proficiency among truck drivers and turns improper documentation into a felony for foreign-domiciled drivers.
Specifically, truck drivers must show that they can read, write and speak English. Law enforcement will look at four factors to determine if a driver has exhibited English proficiency:
- Converse with the general public
- Understand highway traffic signs and signals in English
- Respond to official inquiries
- Make entries on reports and records
Drivers who cannot display English proficiency can be fined $500 for the first offense and $1,000 for all subsequent offenses.
Arkansas’ law codifies federal regulations that require English proficiency among CDL holders. Although truckers under the Federal Motor Carrier Safety Administration’s jurisdiction must show they can speak and read English sufficiently, the rule was severely gutted several years ago.
In 2016, FMCSA issued a memorandum that stopped formal driver interviews to confirm English proficiency from being conducted during roadside inspections. Any violation of the regulation no longer results in an out-of-service order. Additionally, communication through interpreting services, including I-Speak cards, cue cards and phone apps, is allowed to show compliance.
Although the Owner-Operator Independent Drivers Association supports Arkansas’ English-proficiency law, the Association believes it does not go far enough.
Doug Morris, OOIDA director of state affairs, expressed concerns about large carriers continuing to exploit foreign drivers.
“We generally support the intent of HB1745 in the Arkansas legislature but wish the bill went further to address the underlying issue: corporate megacarriers recruiting foreign truck drivers to undercut the ability of American truckers to earn a decent living,” Morris said. “Corporate megacarriers will use every loophole available, including those previously established by the FMCSA, to save a buck on the backs of American truckers. We are actively pursuing solutions on the state and federal level to right this wrong.”
In addition to addressing English proficiency, Act 604 also goes further in punishing foreign-based drivers with improper or false documents. If a driver possesses a valid foreign CDL but cannot immediately present a valid work permit or work visa, he or she faces Class D felony charges. Those charges can be downgraded to a Class A misdemeanor if drivers can show they have a valid permit or visa. An invalid foreign CDL will also result in a Class D felony.
HB1745 breezed through the Arkansas legislature with no resistance. Introduced in March, the bill passed the House with an 82-0 vote last week after clearing the Senate unanimously less than a week prior. LL
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